Rocky Joe Maxey v. State

Opinion filed December 21, 2006 Opinion filed December 21, 2006 In The Eleventh Court of Appeals ____________ No. 11-06-00046-CR __________ ROCKY JOE MAXEY, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 142nd District Court Midland County, Texas Trial Court Cause No. CR30478 O P I N I O N The State has filed in this case a motion to dismiss the appeal pursuant to Tex. R. App. P. 42.4. The motion is supported by an affidavit and complies with the requirements of Rule 42.4. On the face of the affidavit, it is apparent that Rocky Joe Maxey did not voluntarily return to custody. We agree with the State=s contention that appellant=s flight while fitted with a Secure Continuous Remote Alcohol Monitor is an Aescape@ under the Texas Rules of Appellate Procedure. See Luciano v. State, 906 S.W.2d 523, 524-25 (Tex. Crim. App. 1995); Ike v. State, 998 S.W.2d 323, 324 (Tex. App.CHouston [1st Dist.] 1999, no pet.); Porras v. State, 966 S.W.2d 764, 765 (Tex. App.C Amarillo 1998, no pet.). The motion is granted. The appeal is dismissed. PER CURIAM December 21, 2006 Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.